USA > Texas > The history of the republic of Texas, from the discovery of the country to the present time; and the cause of her separation from the republic of Mexico > Part 25
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As enacted by the Second Congress of the Texan Republic in 1838.
NOW IN FORCE.
Dol. Cts. 0 25
Apples, per cent. ad valorem
.
Almonds, per lb. . .
0 3
Axes, hoes, ploughs, harrows, &c., for the purposes of husbandry Free.
Arms, fire-arms of all descriptions . Free.
Bacon, bread-stuff (flour) of all kinds
Ball rope, barley, and pickled meat
Free.
Bents and beans Free.
Butter, per Ib.
.
Brandy, from France direct from any other country, 1st and 2d proof, per gallon 0 50
Frec. 0 62
3d and 4th proof, per gallon 0 603
" above 4th proof 0 75 Boots and shoes (English in great demand) per cent. ad valorem
0 25
Books and stationery, and baggage in actual use, Free.
Brass, and all articles of which it forms a component part, per cent. ad ralorem · ·
0 25
Building stone, bricks, slates, and tiles Free.
Brushes of all kinds (in demand) Frec. Crats (in demand) corn of all kinds, and coffee, Free. Candles, tallow, per lb. · 0 2
" Spermaceti, per 1b.
Wax, per lb. .
.
.
0
4
.
0
3
358
TEXAN TARIFF.
Dol. Cts.
Cinnamon and cloves, per Ib. 0 10 . Cotton, and all articles of which it forms a component part, per cent. ad valorem 0 10 .
Cotton bagging (in demand) Free.
Clothing and wearing apparel in actual use Free.
" otherwise imported, than
for actual use, per cent. ad valorem 0 30 Copper, and all articles of which it forms a component part, per cent. ad valorem 0 20
Carriages, for pleasure, per cent. ad valorem .
0 25
" Drays " ·
0 10
Cards, playing
Coals · .
Free.
Corks, per Ib.
·
0) 121
Combs, of all descriptions, per cent. ad valorem 0 25
Cordage, per lb.
0 2
Dry Goods .- Wool, and all articles of which it forms a
component part, per cent. ad valorem 0 25
Linen "
0 25
Cotton
"
0 10
Silk 0 30
Drugs, and medicines of all descriptions, per cent. ad
valorem
0 20
Earthenware (in demand), per cent. ad valorem ·
0 20
Fish .-- Cod, per cwt.
1 00
Mackerel, per barrel
1 50
Salmon . 2 00
Herrings, in boxes, per ewt.
1 00
Shads, per barrel
Flour
Fruit .- Apples and peaches, per cent. ad valorem ·
0 25 Raisins, filberts, figs, and almonds, per lb. 0 3 Peaches in spirits, per cent. ad valorem 0 25 Farming utensils Free. Groceries, not enumerated under the respective heads,
per cent. ad ralorem .
0 25
.
.
.
Frec. 1 50
0 50
359
TEXAN TARIFF.
Glass and glassware, per cent. ad valorem ·
0 20
0 25 Household furniture, and harness (in great demand), Free.
Iron and steel, and implements of, for the purposes of (colonial in great demand) husbandry Free.
0 50 Iron in bars, per cwt. .
All articles of which iron or steel form a com- ponent part, not otherwise enumerated, per cent. ad valorem ·
0 20
Jewelry, per cent. ad valorem 0 333 Liquors, malt, of all descriptions (in great demand), Free.
in bottles, per dozen . ·
2 00 Linen, and all articles of which it forms a component part, per cent. ad valorem
0 25
Leather, ,, .
0 25
Lead,
Lumber and lining
Molasses, or syrup, per gallon 0 5
Mustard, per cent. ad valorem
0 25
Munitions of war (in demand) of all descriptions, Free.
Machinery of all kinds Free.
Nails and screws, per cwt.
.
Oil .- Salad, sperm, whale, rape, and linseed (in
demand), per cent. ad valorem .
. 0 15 · Pork. - Pickled, salted, or smoked, and potatoes, Frec.
Pepper, per Ib. .
() 5 Pickles and peaches, per cent. ad valorem ·
0 25 . Pewter, or articles of which it forms a component part, per cent. ad valorem . 0 20 Paints of all descriptions, per cent. ad valorem 0 20 Paper, (for newspapers, in great demand), Free.
·
Free. 0 25
Free. 1 00
Oats and onions
Dol. C'ts. Hats of all descriptions
360
TEXAN TARIFF.
Dol. Cts.
Rice ·
Free.
Raisins, per lb. ·
0
3
Rope .- Ball and cordage, per Ib. .
0 2
Sugar
Spices .-- Pimento, per Ib.
Cinnamon, cloves, &c. per lb. ·
0 10
Soap .- Yellow, per Ib.
0 5
Other kinds, per cent. ad valorem 0 25 Salt
Free.
Silk, or articles forming a component part, per cent. ad valorem
0 30
Spirits .- Whiskey, 1st and 2nd proof, per gallon .
0 25
" 3rd and 4th ·
0 373
" above 4th "
0 50 · Gin, same as brandy.
All others not enumerated, including cordials and liqueurs of all kinds, the same duty as brandy. 0 25
Shoes, boots, and hats, per cent. ad valorem ·
Syrup, per gallon
0 5
Screws, per cwt.
1 00
Stone, for building, and slate Free.
Segars, per thousand
2 50
Seeds (in demand) of all descriptions .
Free.
Saltpetre, per Ib.
Tongues .- Neats, pickled, or smoked Free. 0 69
Tea .
Tools of trade in actual use . "
,, of all descriptions imported for carpenters, cabi- net-makers, joiners, and blacksmiths, per cent. ad valorem 0 · 15 Tin .- All articles of which it forms a component part, per cent. ad valorem 0) 20
Tilės-for building · Free. Tobacco, in any form than segars, per cent. ad val. = 30
,
·
.
5
Free. 0
.
361
NATIONAL COLOURS.
Dol. Cts.
Vinegar
.
Free.
Wheat
Wines .- Claret and other red French wines, except from France direct, per gall. 0 25
Oporto or port
0 - 375 0 25
French wines, except from France
Champagne
00
Ditto in bottles, per dozen
2 00
Madeira, per gallon
0 75
Teneriffe 3 373
1
Spanish, red and white, per gallon
0 25
German, hock, Rhenish, &c. 0 50
All others, in bottles, per dozen . .
1 50
Wool .- All articles forming a component part, per cent. ad valorem 0 25
Waggons, free
Wares .- Glass and earthen, per cent. ad valorem .
0 20
All other articles not enumerated shall pay a duty of 25 per cent. ad valorem.
Masters of vessels and all persons concerned in the shipment of goods, wares, and merchandise are notified that the rules and regulations of the custom-house in the United States will be adopted in this republic, so far as. the applicability of the law and circumstances will permit. All reports, therefore, presented to the office of the custom-house at Galveston or elsewhere, will be required to be made in due form.
NATIONAL COLOURS.
The national flag of Texas is a blue perpendi- cular stripe, one-third the length of the flag; two horizontal stripes of two-thirds of the length-the upper white, the lower red, the stripes of equal width, a white star of five points in the centre.
٠
362
SUPERFICIAL SURFACE OF TEXAS.
The national standard is an azure ground with a large golden star in the centre.
The national seal is a single star of five points, encircled by an olive and live oak branch, with the words, " Republic of Texas."
The superficial surface of the republic of Texas, as claimed by the Texans, is supposed to be about 300,000 square miles, or nearly 96,000,000 of Eng- lish acres, the whole of which was sectionized or laid out under the impresario system of Mexico, as colonies, but is now by special enactments of the Texas congress divided into the following judicial districts :--
First District .- Galveston, Liberty, Montgomery, and Harris counties.
Second District .- Matagorda, Brazoria, Fort Beud, Austin, and Colorado counties.
Third District .-- Fayette, Washington, Bastrop, Travis, Milam, and Robinson counties.
Fourth District .--- Bexar, Gonzales, Jackson, Victoria, Goliad, Refugio, and San Patricio counties.
Fifth District .- San Augustine, Nacogdoches, and Houston counties.
Sisth District .- Jefferson, Jaspar, Sabine, and Shelby counties.
Seventh District .- Harrison, Fannin, and Red River counties.
The principal inland towns are as follows :-
San Augustinc, situate on the old road to San
363
PRINCIPAL INLAND TOWNS.
Antonio, about twenty-seven miles from Gaines Ferry on the Sabine River, in Eastern Texas, amid rolling lands; and is, therefore, perhaps, one of the healthiest towns on the eastern part of Texas. Population about 1000.
Annuhuac, on Galveston Bay, at the mouth of the Trinity River, contains about fifty inhabitants. The river has more timber on its banks than those of any other river in Texas.
City of Houston, formerly the capital of Texas, on Buffalo Bayou, about ninety miles from Gal- veston, contains a population, according to the census of 1839, of 2073 souls, of which 1620 are males, and 453 females. Three steam-boats run to Houston from Galveston, but the navigation to it is seriously obstructed by the Red Fish and Clopper Bars, which vary from three to five feet in water.
Brazoria City, about thirty-miles from the mouth of the Brazos River, contains between five and six hundred souls. Here the first settlement of the Anglo-Americans was formed. The situation is low and unhealthy.
Bolivar, on the Brazos river, a small town about twenty-five miles above Brazoria; population 200.
Austin, formerly Waterloo, on the Colorado river, is the capital of Texas. It is situated in the most fertile and healthy part of the country ; popu- lation about 1000, but during the session of con- gress the population may be estimated at 2000 and upwards.
364
PRINCIPAL INLAND TOWNS.
San Patricio, on the bank of the Nueces ; this is an interesting location, being inhabited by a very orderly colony of Irish settlers, who have not mixed themselves up in state affairs in any way. They have a priest of their own nation, and magis- trates selected from among themselves ; they continue their allegiance to the Mexican government to this day ; they never feel the hand of civil superiors, and may be considered a truly independent and happy community. Town about thirty-five miles from the sea ; population about 200.
San Antonio, on the San Antonio river, is the centre of a fertile country, and is a place of some trade. It contains a population of 2000, of which two-thirds are Mexicans, and is strongly recom- mended to English emigrants, as one of the best locations in TEXAS,
Goliad, formerly La Bahia, also on the San An- tonio river, is a small town containing about 250 inhabitants.
Gonzales, on the Guadalupe river, is an old Mex- ican town, situated in a fertile region. It contains a population of 250, chiefly Mexicans.
Victoria, on the Guadalupe river, is one of the most flourishing towns in the republic. It contains 600 inhabitants, and is also recommended to Eng- lish emigrants as a healthy and fertile location FOR TEXAS.
Nacogdoches, in the north of Texas, contains 750 inhabitants, and is represented as a flourishing town.
365
ROADS AND DISTANCES IN TEXAS.
TABLE OF ROADS AND DISTANCES IN THE REPUBLIC OF TEXAS :
FROM GALVESTON TO SAN ANTONIO, via HOUSTON AND SAN FELIPE.
Miles.
Miles.
To Houston . 90
To M'Clure's 4
Cartwright's 15
Foyde's . 9
San Felipe
8 Gonzales 1
Columbus 28 Sandy Creek 20
Navidad . 22 Forty Mile Hole 37
Foley's
9 Sibille 15
Ilallett's . 6
Salvo . 21
Farm House
3
San Antonio 4
Foole Road's . 15
From Galveston to San Antonio 307
FROM SAN ANTONIO TO VICTORIA, via GOLIAD.
Miles.
Miles.
To Cantoon's
2-4
To Goliad 7
Ilquin's .
9
Menue 5
Roache's .
Pirdid
Cloto .
36
Colletta 6
Clarisa
23
Victoria 12
From Santonio to Victoria 131
FROM VICTORIA TO HOUSTON DIRECT.
Miles.
Miles.
To Garsette . 15 To Nortington's 20
Texanna
5 Richmond 10
Naridad
6 Houston 26
Colorado
40
From Victoria to Hous
366
ROADS AND DISTANCES
FROM HOUSTON TO MATAGORDA, via BRAZORIA AND VALASCO.
Miles.
Miles.
To Lynche's 18
To Perry's 15
Choate's . 15
M'Neal's 3
Dr. Moore's
15
Casey's
6
Colonel Hall's 8 M'Coy's . 3
O'Ry's 10
Sheppard's . 10
Calvert's
16
Payton's Creek
1-
Valasco
10
Matagorda 12
From Houston to Matagorda 14S
TROM MATAGORDA TO WASHINGTON ON THE BRAZOS, via COLUMBIA
AND SAN FELIPE.
Miles.
Miles.
To Payton's Creek. 12 To Allen's . 10
R. H. Williams's 10 San Felipe 8
Tinsley's . .
14 Cummings's S
Bernard's Ferry 5 Edward's
S
Columbia 6 Walker's 12
Damond's 12
Swipier's 12
Nottington's 24 Chentman's 2
Coles's 11
Washington .
15
From Matagorda to Washington 169
FROM HOUSTON TO SAN AUGUSTINE, via NACOGDOCHES.
Miles.
Miles.
To Mines 20
To Saddler's 5
Harris's . 10
Thompson's . 5
Rogers's 20
M'Donald's . ?
Montgomery ?
Cox's 4
Cawley's
7
Hadley's 5
Ware's
5 Cincinnati 12
367
IN TEXAS.
FROM HOUSTON TO SAN AUGUSTINE, via NACOGDOCHES-
(Continued.)
Miles.
Miles.
Bedois
4 Lucy's .
6
Salinsville Spring 6 Luckett's 12
Trinity River 6 Nacogdoches' 16
Partew's 16
Moss 12
Crockett's 14
Stidam's . 12
Master's .
10
Teal's
4
M.Lane's
12
San Augustine 7
Niches River 7
From Houston to San Augustine 246
FROM NACOGDOCHES TO SAN ANTONIO, via WASHINGTON.
Miles.
Miles.
To Duvit's
18
To Trinity River . 17
Lucy's
12
Buyon 12
Niches River 5 Sim's . 12
M.Clone's 6 Tavern 13
Parker's .0 S Bower's . 18
Master's .
S
Washington 28
Estrados 16
From Nacogdoches to San Antonio 173
The grants made to colonists in Texas, under the laws of Mexico, and of the State of Coahuila and Texas, and by Texas since her independence have been established by the official records in the several land offices, are as follows :-
Acres. Grants issued at Nacogdoches, from 1791 to 1835 . 2,583,617 on the Eastern Frontier, in 1835-6 . 712,923
368
TEXAN GRANTS TO COLONISTS.
Acres.
Grants issued in various colonies, in 1834-5
945,367
" in Burnet's colony ·
990,901
in Vehelm's and Yavalla's * colony
2,871,607
in Robertson, Austin, and Williams's colonies . .
945,367
" in various districts, by Commissioner George W. Smith .
609,981
in De Witt's colony . ·
· 164,013
in Bexar county
265,236
to S. M. Williams, F. W. Johnson, and R. Precbles . 1,815,480
sold by the State of Coahuila and Texas 701,394
in Austin county, up to 1839 6,012,753
Titles issued by the Republic of Texas, such as bounty lands, head rights, dona-
tions, &c., are estimated at . 45,000,000
Total . 63,618,669
Of the grants made by Texas, 15,000,000 are still unlocated, and as the laws of Texas, under which these grants have been made, not only respect, but have emanated from, the fundamental laws of Mexico, it is necessary here to give a limited abstract of them.
"The first colonization law of Mexico, of 1823, enacts. That an empresario, who introduces 200 families, shall re- ceive a premium of three haciendos and two labors of land, provided the families are located within twelve years from the date of the empresario's contract.
* These grants were made by the state legislature of Coahuila and Texas, and by special acts of the Texan congress are declared invalid.
369
COLONIZATION LAWS OF MEXICO.
" That a vava shall be reckoned three geometrical feet ; a straight line of 5,000 vavas shall be called a league ; a square, whose sides shall be a league, shall be called a scitio ;* and five scitios, a haciendo ; a square of one million vavas on each side, a labor.t
"That an empresario's premium shall not exceed nine haci- endos, and six labors, whatever may be the number of families he introduces ; and that families who shall emigrate to Texas, independent of an empresario, shall receive a title to locate a league and labor of land, from the Ayuntamientos."±
" Second colonization law of Mexico, of 1824, under the federal executive power, enacts, That no land shall be colonized within twenty leagues of the boundary line of Texas, or any foreign nation, nor within ten leagues of the sea coast, without the express sanetion of the executive power, § and that no law shall be passed, prohibiting the introduction of foreigners, until 18 10.
" ARTICLE 12 .- No one individual shall be allowed to derive from the government, by purchase or otherwise, more than eleven leagues of land ; and that no person can hold land if he resides out of the republic of Mexico."
The first colonization law of the State of Coa- Imuila and Texas, of 1825, enacts, That no lands can be located within twenty leagues of the boun- dary line of the United States, nor within ten leagues of the sea coast, unless with the approbation of the general government of Mexico.
* A scitio of land is equal to 4,428 acres English.
+ A labor is 177 acres English.
t The first colonization law of Mexico is generally supposed to apply exclusively to Austin's colony, but I am of a different opinion, and I contend that it is a general public act, and not a private and personal act.
§ See Provisions of the Texan Constitution, relative to land titles.
B B
370
COLONIZATION LAWS OF
" ARTICLE 8 .-- That no colonization or empresario grant is held to be good, unless 100 families at least have been introduced under the grant.
" ARTICLE 10. - That a preference shall be given to the mili- tary and Mexican citizens founded on service and merit.
" ARTICLE 12 .- That an empresario shall receive for each 100 families introduced five sitios and five labors of grazing land, one half of which shall be without the facility of irrigation ; but an empresario must introduce at least 100 families to entitle him to a premium.
" ARTICLE 13 .- That an empresario who acquires more than eleven leagues of land shall alienate the surplus, or have it sold at public sale, within twelve years,
" ARTICLE 17 .- That the government may increase the quan- tity of land to emigrants, according to the industry of the family ; but not to exceed eleven leagues.
" ARTICLE 22 .- That the government dues on the location of land shall be as follows :--
Doll. Cts.
For a sitio of pasture land
30 00
For a labor without the facility of irrigation 2 50
Do. with the facility of irrigation 3 50
And that the said dues shall be paid into the receipt of the land- office for the district in which said land is situate, as follows : One-third in four years ; one third in five years ; one-third in six years : but in case of non-payment of said dues, the land to be forfeited .*
" ARTICLE 24 .-- That land may be sold by the government to Mexicans, and Mexican citizens only, on the following terms :--
" One hundred dollars for a sitio of pasture land.
" One hundred and fifty dollars for a sitio of farming land.
The above clause does not apply to grants made to empre- satios for their services as empresarios, and to the military. They are exempt from forfeiture and government dues.
-
371
COAHUILA AND TEXAS.
" Two hundred and fifty dollars for a sitio if capable of being irrigated ; but no one individual can buy or hold more than eleven leagues, and the purchaser is bound to cultivate all he acquires in six years."
The second colonization law of the State of Coahuila and Texas, commonly called the Labor Act, 1833-4, enacts, ---
" That no further grants of land shall be made to empresarios, and that no extension of time shall be given to empresarios for the completion of existing contracts.
" That all lands granted to COLONISTS shall be considered as fully cultivated, so soon as the grantee places on said land, 125 large cattle, such as horses, mules, or cows,* &c., or 250 small cattle, i. e. sheep, goats, or swine. +
" That a commissioner-general shall be appointed, to have all the vacant lands of the public domain remaining after the com- pletion of the existing empresario contracts, surveyed and divided into labors of 177 acres, and offered for public sale at the mini- mum price of ten dollars per labor.
" That no colonist shall in any way be molested for his religion, or belief, so long as he does not disturb the public peace.
" That all purchasers of land alienated by colonists shall be held responsible to the government for the original conditions of settlement, and for all land dues on the same."
The third colonization law of Coahuila and Texas, 2nd May, 1835, enacts,-
" That all persons and families who have emigrated to Texas previous to this date, if they have not before obtained their land, shall be entitled to the benefit of the colonization laws ; and that those who arrived before the 28th April, 1882, shall pay the fees
¡ Ginado minor.
* Ginado major.
BB 2
372
COLONIZATION LAWS OF
named in the preceding laws ; and those who arrive subsequently shall pay the following dues :-
Doll. Cts.
One league of pasture land 5 00
One labor of arable land 5 00
" That commissioners be appointed to the three departments of Texas (east, middle, and west) to receive the said dues, and to issue and record the necessary titles according to the special and constitutional instructions of government, dated 4th Sep- tember, 1827."
This brief abstract of the land laws of Mexico, Coahuila, and Texas, is given merely to show the foundation of the old Mexican titles, which, as I have before stated, the laws of Texas respect, while in every land-law act of the republic we find the land-laws of Coahuila and Texas stigmatized as "illegal and fraudulent, and consequently null and void." In order, therefore, to show the validity of the former, and the illegality of the latter, it is necessary here to give an explanation of the empre- sario contracts.
Under the colonization laws of Mexico, empre- sario rights were granted to individuals who con- tracted with the government to introduce into Texas within a limited period, a certain number of families, and place them on a given tract of land as colonists. On the completion of the contract, the empresario was entitled to an empresario premium, and the amount of these empresarios' land premiums formed but a small per centage on the amount of land granted to the colonist, and beyond this the
373
MEXICO, COAHUILA, AND TEXAS.
empresarios had no rights or interference in the colony or grant. The colonists at all times received their head rights from the ayuntamiento of the district, independent of the empresario, and were in no way held responsible for the performance.of the empresario contract ; therefore titles or head rights acquired by actual settlers from the ayuntamientos under the Mexican colonization laws, although the titles to land and fees of location vary somewhat in form and tenor, still they are most unquestionably good.
The empresario contracts made with the govern- ment of the State of Coahuila and Texas, under the colonization of that state, were for the intro- duction of a definite number of families within a given district, within six years from the date of the contract ; but all the concessions made by the State of Coahuila and Texas were found, on inquiry, to bo repugnant to the fundamental laws of Mexico, and have therefore been treated as illegal by the Texan republic ; however, many of the titles which have emanated from this quarter are still offered for sale to the public, by their fraudulent possessors, such as the Alderado Company, Galveston Bay and Texas Land Company,* the Arkansas and Texas Land Association, and the Colorado and Red River Company. These, and other base schemers have issued scrip in New York, London,
* See American Consul's declaration, Appendix.
-
374
LAND LAWS
and other places, which have no foundation what- ever, and can give no title to lands in Texas; con- sequently any one who purchases it will not only have the mortification of being duped, but will also lose the whole amount of his original pur- chase-money. This scrip may be known by being issued in even numbers, such as hundreds and thousands. No land-titles are good in Texas unless issued under the Mexican, and backed by the Texan authorities ; or under the land laws of Texas, and confirmed by a Patent from the Republic of Texas, as independent.
LAND LAWS OF TEXAS, AS INDEPENDENT.
The General Council of Texas closed all the Land Offices, established under the Colonization Laws of Mexico and Coahuila and Texas, on the 27th October, 1835, until the General Consultation should meet.
This Consultation of the Delegates of all Texas met on the 13th November, 1835, and decreed --
" That all land-offices should be closed.
" That commissioners be appointed to receive the archives of the several land-offices.
" That all persons then in Texas, who had not received their portion of land, or who should emigrate to Texas, during hur contest for liberty, should receive the benefit of the law under which they emigrated.
" That ALL grants of land made illegally or fraudulently under
375
OF TEXAS.
the decrees of the State of Coahuila and Texas, are declared null and void.
" That all persons, except widows and orphans, who leave Texas during the present struggle, without permission of the civil authorities, forfeit their lands."
Decree of the General Consultation of Texas, dated 14th November, 1835, grants 640 acres of land to every soldier, on enlisting in the service of Texas. And by another decree of the 14th De- cember, an addition is made of 160 acres of land, and twenty-five dollars bounty, in silver, to all who may have their names regularly registered on the muster-roll of the army.
Decree of the General Consultation of all Texas, dated 16th March, 1836.
The following bounties of land are granted to soldiers actually serving in the army :--
Acres.
" Those who serve during the war 1280
" For a period of six months 610
" For three months . ·
. . 320
" For all who enter after July, 1836, and serve during the war (continuing six months) . 960
" All who shall enter after July, a proportionable quan- tity.
" Any soldier who may fall in the contest, if a man of family, shall be entitled (by his heirs) to that he was entitled to as a colonist, -- a league and labor of land . 4605
" A single man . 1176"
376
LAND LAWS
Provisions of the Texan Constitution relative to land titles :---
" No alien shall hold land in Texas, except by titles emanating directly from the government.
" Should a citizen die intestate, his heirs inherit his estate ; and if aliens, they are allowed a reasonable time to possess them- selves of his property and dispose of it.
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